Norteño Pipeline Company
First Revised Volume No. 1
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Effective Date: 04/01/1996, Docket: CP96- 81-007, Status: Effective
Original Sheet No. 245 Original Sheet No. 245 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
Retention Quantities shall pass to Norte¤o at the
Receipt Point(s) and title to all other gas
received by Norte¤o at the Receipt Point(s) shall
not pass to Norte¤o.
14. FORCE MAJEURE:
14.1 Neither Norte¤o nor Buyer nor Shipper shall be
liable in damages to the other for any act,
omission or circumstances occasioned by or in
consequence of any acts of God, strikes, lockouts,
acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, storms, floods,
washouts, arrests and restraints of rulers and
peoples, civil disturbances, explosions, breakage
or accident to machinery or lines of pipe,
temporary failure of gas supply, failure or
refusal of third-party transporters to transport,
the binding order of any court or governmental
authority, and any other cause, whether of the
kind herein enumerated or otherwise, not within
the control of the one claiming suspension and
which by the exercise of due diligence it is
unable to prevent or overcome. Failure to prevent
or settle any strike or strikes shall not be
considered a matter within the control of the
party claiming suspension.
14.2 Such causes or contingencies affecting performance
shall not relieve Norte¤o or Buyer or Shipper of
liability in the event of failure of either to use
due diligence to remedy the situation and to
remove the cause in an adequate manner and with
all reasonable dispatch, nor shall such causes and
contingencies relieve either from its obligation
to make payments of amounts then due hereunder.